ORDINANCE NO. WHEREAS, WHEREAS - LA City...

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1 ORDINANCE NO. An ordinance adopted to address cumulative health impacts resulting from a legacy of incompatible land use patterns for certain neighborhoods within the City. WHEREAS, this ordinance covers the neighborhoods identified below and delineated in map areas 1-3 1. Pacoima/Sun Valley- map area 1 2. Boyle Heights- map area 2 3. Wilmington map area 3 WHEREAS, the cumulative environmental impacts resulting from concentrated industrial land use, on-road vehicle travel, and heavily freight-dominated transportation corridors in close proximity to homes, schools and other sensitive uses is a pervasive problem in Los Angeles; WHEREAS, extensive research shows that the burden of cumulative environmental impacts are primarily borne by communities with concentrated poverty and associated socio-economic stresses, often referred to as “Environmental Justice Communities,” which concurrently contain high concentrations of industrial and related land uses; WHEREAS, the identified neighborhoods score in the top 25 percent of overburdened census tracks according to the California Environmental Screening Tool 2.0 developed by CalEPA Office of Environmental Health Hazard Assessment, and are referred to as Disadvantaged Communities; WHEREAS, the South Coast Air Basin is in Non-Attainment status for three of the seven criteria pollutants established by the Environmental Protection Agency, including Particulate Matter 2.5, Lead, and 8- Hour Ozone; WHEREAS, local land use regulations can be an effective tool to address multiple emitting sources and foster community transformation with new development standards; WHEREAS, improved environmental performance to air and water quality can increase business growth and spur economic innovation in Los Angeles;

Transcript of ORDINANCE NO. WHEREAS, WHEREAS - LA City...

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ORDINANCE NO.

An ordinance adopted to address cumulative health impacts resulting from a

legacy of incompatible land use patterns for certain neighborhoods within the City.

WHEREAS, this ordinance covers the neighborhoods identified below and

delineated in map areas 1-3

1. Pacoima/Sun Valley- map area 1

2. Boyle Heights- map area 2

3. Wilmington –map area 3

WHEREAS, the cumulative environmental impacts resulting from concentrated

industrial land use, on-road vehicle travel, and heavily freight-dominated transportation

corridors in close proximity to homes, schools and other sensitive uses is a pervasive

problem in Los Angeles;

WHEREAS, extensive research shows that the burden of cumulative

environmental impacts are primarily borne by communities with concentrated poverty

and associated socio-economic stresses, often referred to as “Environmental Justice

Communities,” which concurrently contain high concentrations of industrial and related

land uses;

WHEREAS, the identified neighborhoods score in the top 25 percent of

overburdened census tracks according to the California Environmental Screening Tool

2.0 developed by CalEPA Office of Environmental Health Hazard Assessment, and are

referred to as Disadvantaged Communities;

WHEREAS, the South Coast Air Basin is in Non-Attainment status for three of

the seven criteria pollutants established by the Environmental Protection Agency,

including Particulate Matter 2.5, Lead, and 8- Hour Ozone;

WHEREAS, local land use regulations can be an effective tool to address

multiple emitting sources and foster community transformation with new development

standards;

WHEREAS, improved environmental performance to air and water quality can

increase business growth and spur economic innovation in Los Angeles;

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WHEREAS, many businesses in the most adversely affected communities would

greatly benefit from an ombudsperson assisting with environmental regulation

compliance and applying financial incentives and technical support programs; and,

WHEREAS, the Clean Up Green Up initiative is stated as an implementation

program in the Health and Wellness Element of the General Plan, and as a priority

initiative in the Sustainable City pLAn.

NOW, THEREFORE,

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

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ORDINANCE NO.

An ordinance amending Sections 12.04, 12.20,12.24,12.32, 13.03, 13.18 and

13.19 of Chapter 1 of the Los Angeles Municipal Code in order to authorize the

establishment of a Clean Up Green Up Supplemental Use District within Boyle Heights,

Pacoima/Sun Valley, and Wilmington to reduce cumulative health impacts resulting from

incompatible land uses, establish a citywide Conditional Use for asphalt manufacturing

and refinery facilities, and increase the notification requirement for projects within a

surface mining district.

THE PEOPLE OF THE CITY OF LOS ANGELES

DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Subsection D of Section 12.04 of the Los Angeles Municipal Code is hereby

amended to read:

D. Certain portions of the City are also designated as being in one or more of the

following districts, by the provisions of Article 3 of this chapter.

“O” Oil Drilling District

“S” Animal Slaughtering District

“G” Surface Mining District

“RPD” Residential Planned Development District

“K” Equinekeeping District

“CA” Commercial and Artcraft District

“POD” Pedestrian Oriented District

“CDO” Community Design Overlay District

“MU” Mixed Use District

“FH” Fence Height District

“SN” Sign District

“RFA” Residential Floor Area District

“NSO” Neighborhood Stabilization Overlay District

“CPIO” Community Plan Implementation Overlay District

“RIO” River Improvement Overlay District

“CUGU” Clean Up Green Up Overlay District

The “Zoning Map” is amended to indicate these districts and the boundaries of each

district.

Land classified in an “O” Oil Drilling District, “S” Animal Slaughtering District, “G”

Surface Mining District, “RPD” Residential Planned Development District, “K”

Equinekeeping District, “CA” Commercial and Artcraft District, “POD” Pedestrian

Oriented District, “CDO” Community Design Overlay District, “MU” Mixed Use

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District, “FH” Fence Height District, “ “SN” Sign District, “RFA” Residential Floor Area

District, “NSO”, “CPIO” Community Plan Implementation Overlay District, or “RIO” River

Improvement Overlay District, or “CUGU” Clean Up Green Up Overlay District is also

classified in one or more zones, and land classified in the “P” Automobile Parking Zone

may also be classified in an “A” or “R” Zone.

These classifications are indicated on the “Zoning Map,” with a combination of

symbols, e.g., R2-2-O, C2-4-S, M1-3-G, M1-1-P and R2-O, C2-G, etc., where height

districts have not been established.

Section 2. Subdivision 5 of Subsection A of Section 12.20 of the Los Angeles Municipal Code is hereby deleted:

5) Asphalt manufacture or refining.

Section 3. Subdivision 29 of Subsection U of Section 12.24 of the Los Angeles Municipal Code is hereby added to read:

29. The following subject asphalt manufacturing or refinery facilities in the M3

Zone are allowed when conducted in accordance with the conditions and findings

specified:

(a) Subject projects

1) New asphalt manufacturing or refining uses; or

2) Existing uses which are expanding their primary operations by increasing

storage of hazardous materials classified by the Appendix VI-A of the

current Uniform Fire Code; or

3) Existing uses which are expanding their primary operations beyond the

current property lines or boundary; or

4) Any project that is considered to have a significant impact during the

environmental review process.

(b) Conditions.

1) Compliance with all of the required Unified Hazardous Waste and

Hazardous Materials Management Regulatory Program (Unified

Programs). California Environmental Reporting System (CERS) database

submittals may serve as proof of compliance;

2) Approval by the Fire Department;

3) Submittal of a health impact assessment;

4) Submittal of a truck access and egress routing plan that minimizes the

incidences of commercial trucks that pass by residential uses;

(c) Additional Finding. In addition to the other conditions required by this section,

the Planning Commission shall find:

1) That the vehicles serving the project will not significantly increase traffic

congestion, create a traffic hazard, or generate new noise impacts to the

surrounding uses.

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2) That the facility will not detrimentally affect nearby residential uses and other

sensitive land uses, taking into consideration the number and proximity of

residential buildings, churches, schools, hospitals, public playgrounds,

nursing homes, day care centers, and other similar uses within a 1,500 foot

radius of the proposed site;

Section 4. The district listing in Subdivision 2 of Subsection S of Section 12.32 of the

Los Angeles Municipal Code is hereby amended to read as follows:

(b) Districts. In order to carry out the provisions of this article, the following

districts are established:

“O” Oil Drilling District

“S” Animal Slaughtering District

“G” Surface Mining District

“RPD” Residential Planned Development District

“K” Equinekeeping District

“CA” Commercial and Artcraft District

“POD” Pedestrian Oriented District

“CDO” Community Design Overlay District

“MU” Mixed Use District

“FH” Fence Height District

“SN” Sign District

“NSO” Neighborhood Stabilization Overlay District

“RFA” Residential Floor Area District

“CPIO” Community Plan Implementation Overlay District

“RIO” River Improvement Overlay District

“CUGU” Clean Up Green Up Overlay District

Section 5 Paragraph (b) of Subdivision 3 of Subsection S of Section 12.32 of the Los

Angeles Municipal Code is amended to read as follows:

(2) Additional Requirements for Application. Except for CPIO Districts,

which may not be established through the application procedure, one or more of

the owners or lessees of property within the boundaries of the proposed district

may submit a verified application for the establishment of a district. An

application for the establishment of a Commercial and Artcraft District, a

Pedestrian Oriented District, an Equinekeeping District, a Community Design

Overlay District, a Mixed Use District, a Sign District, a Residential Floor Area

District, a Neighborhood Stabilization Overlay District, or a RIO Districts, or Clean

Up Green Up Overlay District shall contain the signatures of at least 75 percent

of the owners or lessees of property within the proposed district. An application

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for the establishment of a Fence Height District shall contain the signatures of at

least 50 percent of the owners or lessees of property within the proposed district.

An application shall be accompanied by any information deemed necessary by

the Department.

If establishment of a district is initiated by the City Council, City Planning

Commission or Director of Planning, the signatures of the property owners or

lessees shall not be required.

Section 6. Subparagraph (3) of Paragraph (c) of Subdivision 3 of Subsection S of Section 12.32 of the Los Angeles Municipal Code is hereby amended to read:

(3) Time for Commission to Act on Application. The City Planning

Commission shall act on an application to establish an “O”, “S”, “G”, “K”, “CA”,

“POD”, “CDO”, “MU”, “FH”, “SN”, “RFA”, “NSO”, “CPIO”, “HS”, “MRP”, or “RIO”,

or “CUGU” District within 75 days from the date of the filing of the application.

The City Planning Commission shall act on an application to establish an “RPD”

District within 75 days from receipt of the Subdivision Committee report and

recommendation. The City Planning Commission shall act on proceedings

initiated by the Council within 75 days of receipt of that action from the Council,

or within the time that the Council may otherwise specify.

Section 7. Paragraph (c) of Subdivision 4 of Subsection S of Section 12.32 of the Los Angeles Municipal Code is amended to read as follows:

(c) Procedures. Applicants for Projects that comply with the provisions of an

adopted Commercial and Aircraft District, Pedestrian Oriented District, Community

Design Overlay District, or River Improvement Overlay District, or Clean Up Green Up

Overlay District shall submit plans to the Director for an Administrative Clearance. The

Director of his/her designee shall review the Project for compliance with the applicable

Supplemental Use District development regulation. Projects that do not qualify for

Administrative Clearance shall follow the procedures set forth in the applicable

Supplemental Use District.

Section 8. The Section list of Article 3 of Chapter 1 of the Los Angeles Municipal Code is hereby amended to read:

Section

13.01 ”O” Oil Drilling Districts

13.02 “S” Animal Slaughtering Districts

13.03 “G” Surface Mining Operations Districts

13.04 “RPD” Residential Planned Development Districts

13.05 “K” Equinekeeping Districts

13.06 Commercial and Artcraft Districts

13.07 Pedestrian Oriented District

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13.08 “CDO” Community Design Overlay District

13.09 Mixed Use District

13.10 Fence Heights District

13.11 “SN” Sign District

13.12 “NSO” Neighborhood Stabilization Overlay District

13.13 “RFA” Residential Floor Area District

13.14 “CPIO” Community Plan Implementation Overlay District

13.15 “MRP” Modified Parking Requirement District

13.16 “HS” Hillside Standards Overly District

13.17 “RIO” River Improvement Overlay District

13.18 Violation“CUGU” Clean Up Green Up Overlay District

13.19 Violation

Section 9. Subdivision 1 of Subsection F of Section 13.03 of the Los Angeles Municipal Code is hereby added to read as follows:

1. The application for Permit shall be processed as provided in Section 12.24 of this Code for conditional uses under the jurisdiction of the Commission, except that the notification radius shall be 1,500 feet of the exterior perimeter of the proposed project site. The application is further subject to the exceptions of Subdivisions 2 through 5 of this subsection (procedures for state review).

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Section 10. Section 13.18 of the Los Angeles Municipal Code is hereby deleted:

SEC. 13.19. VIOLATION.

The violation of any condition imposed by a Zoning Administrator, Director of

Planning, the Area Planning Commission, City Planning Commission or Council in

approving the site requirements, methods of operation, development plans or other

actions taken pursuant to the authority contained in this article shall constitute a violation

of this article and shall be subject to the same penalties as any other violation of this

Code.

Section 11. Section 13.18 of the Los Angeles Municipal Code is hereby amended to read as follows:

SEC. 13.18. “CUGU” CLEAN UP GREEN UP DISTRICT.

A. Purpose. This section sets forth procedures and standards for the establishment of

the CUGU District. The purpose of the CUGU District is to reduce cumulative health

impacts resulting from incompatible land uses.

B. Relationship to other Zoning Regulations. Wherever the provisions of the CUGU

District conflict with any provisions of other Supplemental Use Districts, the

underlying zone, or any other regulation, the more restrictive provision will prevail.

C. District Identification. The provisions of this ordinance shall apply to all properties

identified on the zoning map with a “CUGU” suffix on the zone classification. The

CUGU District shall include all public and private land uses.

D. Definitions. For the purposes of this section, the following words and phrases are

defined as follows:

Adjacent Property. Properties next to, across the street or alley from, or having

a common corner with the subject property.

Abutting Property. Properties sharing a parcel or lot line.

Freeway. A divided arterial highway with full control of access and with grade

separation at intersections.

Fugitive Emissions. Emissions of gases or vapors from pressurized equipment

due to leaks and other unintended or irregular releases of gases, mostly from

industrial activities which contribute to air pollution as defined.

Landscape Practitioner. Any person licensed by the State of California to

design, install or maintain landscape or irrigation systems. Any person

specifically exempted by the State from the licensing requirements in the field of

landscape or land management.

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Publicly Habitable Spaces. All uses containing one or more dwelling units or

guest rooms and schools, parks, recreation centers, day care centers, hospitals,

medical buildings, and nursing homes.

E. Applicability. Projects that meet at least one criteria in both 1. and 2. below are

required to comply with the provisions in this Section.

1. Project type

(a) NEW- Construction of a new standalone building.

(b) MAJOR IMPROVEMENT- Improvement to an existing building, structure or

facility in which the total aggregate value of work, in any 24 month period, is

more than 50% of the building or structure’s replacement cost before the

proposed work, as determined by the Department of Building and Safety.

Non-conforming rights are not retained for Major Improvements, therefore the

entire project shall be upgraded to conform to all provisions in this Section of

the Code, except those that are permitted under Section 12.23 of the LAMC.

(c) ADDITION- Addition to an existing building or structure in which the total

aggregate value of work, in any 24 month period, up to 50% of the building or

structure’s replacement cost before the proposed work, as determined by the

Department of Building and Safety, shall retain their non-conforming rights for

any portion of the building or structure that remains unchanged. Should the

value of the total aggregate work exceed the 50% valuation, the existing

building or structure shall then be upgraded to conform to all provisions in this

Section of the Code, except those that are permitted under Section 12.23 of

the LAMC.

(d) CHANGE of USE- Addition of or change to a use on the Subject Use list.

2. Project context

(a) Projects within 1,000 feet of a Freeway or specified State Route

(b) Publically Habitable Spaces adjacent to a Subject Use

(c) Subject Use adjacent to a Publicly Habitable Space

(d) Subject Uses (listed herein):

Subject Use List:

AUTOMOTIVE USES

Automobile Dismantling Yard Automobile Impound Yard Automobile Parts Automobile Parts, repairing or rebuilding for wholesale Automobile Rebuilding or Reconditioning, wholesale Automobile Rental Automobile Sales, used

Automobile Storage Area Automobile Storage Garage Automobile Window Tinting Automobile Wrecking Automotive Assembly, wholesale Automotive Exhaust Test Station Automotive Fueling and Service Station Automotive Glass Shop Automotive Painting Automotive Painting, wholesale

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Automotive Repair Automotive Sound Shop Automotive Undercoat Spraying, wholesale Automotive Upholstering Automotive Upholstering, wholesale Automotive Uses, other Body and Fender Repairing, automotive Body and Fender Repairing, automotive, wholesale Bus Storage or Operating Yard Car Wash Commercial Vehicle Rental and Storage Engine Testing House Mover or Wrecker Household Moving Rental Trucks and Trailers, rental, storage, or storage for rental purposes Household Moving Truck Repair and Storage Motor Coach Repairing or Overhauling Motorcycle or Motor Scooter Repair Motorcycle or Motor Scooter Repair, wholesale Motorcycle or Motor Scooter Sales, new Motorcycle or Motor Scooter Sales, used Motorcycle Storage Garage Moving Van Storage or Operating Yard Recreational Vehicle Sales, new Recreational Vehicle Sales, used Recreational Vehicle Storage Tank Truck Parking or Storage Temporary Storage of Abandoned, Partially Dismantled, Obsolete, or Wrecked Automobiles Tire Retreading or Recapping Tow Truck Dispatching Tractor Rental Yard Trailer (utility) Rental and Storage Trailer Rental

Trailer Sales, new Trailer Sales, used Truck Rental Truck Repairing or Overhauling Truck Sales or Storage Yard Trucking Yard or Terminal U-Drive Business FABRICS Carpet and Rug Cleaning Plant Cloth Shrinking, Sponging, or Waterproofing Dry Cleaning Plant Dry Cleaning Plant, wholesale Dyeing Works Plant Fabric Shrinking, Sponging, Waterproofing, or Dyeing Flocking and Silk Screen Processing Fur Cleaning Garnetting or Carding of Previously Produced Fibrous Materials Knitting Mill Laundry Plant Laundry Plant, wholesale Rug Cleaning Plant Silk Screen Printing FOOD & ANIMAL Cannery (except fish products or sauerkraut) Cannery, fish or sauerkraut Composting Facility Curing Facility Dehydrating of Food Feeding Pen, stock Fish Canning, Cleaning, or Curing Fish Distributing, wholesale or stock wagon operators Fish Smoking Flour Mill Food Commissary Food Dehydrating Plant Frozen Food Locker Rental Fruit Cannery Fruit Preserving Grain Drying or Fermenting

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Grain Elevator Hatchery, poultry or fish Hides (raw) Curing, Tanning, or Storage Hog Ranch, Feed, or Sales Yard Honey Processing and Packing Kennel Livestock Exhibition, Sale, or Stable Meat Cutting Plant Menagerie Nut Roasting, Frying, or Candy Coating Olive Oil Extraction Packing Plant, fruit or vegetable Pet Animal Crematory Potato Chip Factory Poultry Killing Poultry Slaughterhouse, wholesale Produce Market, wholesale Produce Yard or Terminal Rabbit Killing Rabbit Slaughterhouse, wholesale Retinning and Reconditioning of Milk Shrimp (frozen) Cleaning, Breading, Packaging, and Refreezing Stockyard or Feeding Pen Swine Ranch Tanning, Curing, or Storing of Raw Hides or Skins Vegetable Cannery MANUFACTURING USES Abrasives Manufacturing Acetylene Gas Manufacturing or Storage Acid Manufacturing Adhesive Manufacturing, liquid Advertising Structures Manufacturing Agar-Agar Manufacturing Alcohol Manufacturing Ammonia Manufacturing Ammunition Manufacturing Anti-Knock Compound (for gasoline) Manufacturing

Asbestos Product Manufacturing Asphalt Manufacturing or Refining Asphalt Roofing Paper or Shingle Manufacturing Automotive Body and Frame Manufacturing Awning Manufacturing Babbitt Metal Manufacturing Barrel or Drum (steel) Manufacturing or Reclaiming Bathing Cap Manufacturing Bathtub Manufacturing Battery Manufacturing Billboard Manufacturing Bleach Manufacturing Bolt Manufacturing Bone Products Manufacturing Boneblack Manufacturing Bottle Manufacturing Box Spring Manufacturing Brick Manufacturing Briquette Manufacturing Broom Manufacturing Brush Manufacturing Building Block Manufacturing By-Product Products Manufacturing, from fish, meat, or animals Can Manufacturing or Reconditioning Canvas Manufacturing Canvas Products Manufacturing, Cap Manufacturing Carbon Paper Manufacturing Carpet and Rug Manufacturing Cattle or Sheep Dip Manufacturing CD, DVD, Video Tape, or Cassette Manufacturing Cellophane Products Manufacturing Cellulose Compound Manufacturing Cellulose Nitrate Products Manufacturing Cellulose Products Manufacturing Cement Manufacturing Cement Products Manufacturing Cesspool Block Manufacturing

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Chamois Skins Manufacturing Charcoal Manufacturing Chemical Manufacturing Chewing Tobacco Manufacturing Chlorine Gas Manufacturing Cigar Manufacturing Cigarette Manufacturing Cloth Manufacturing Cloth Products Manufacturing Clothing Manufacturing Coil Manufacturing, small Coil Spring Manufacturing Computer Manufacturing Concrete Products Manufacturing Condenser Manufacturing, small Cork Products Manufacturing Cosmetics Manufacturing Creosote Manufacturing, Bulk Storage, or Treatment Creosote Products Manufacturing Crystal Holder Manufacturing Dextrin Manufacturing Disinfectant Manufacturing Cork Manufacturing Dog and Cat Food Manufacturing Door Manufacturing Dress Manufacturing Drug Manufacturing Dye Stuff Manufacturing Electric Generator or Motor Manufacturing Assembly and Manufacturing Electric Parts Electrical Equipment Manufacturing Electrical Sign Manufacturing Electronic Instruments and Devices Manufacturing Electronic Products Assembly and Manufacturing Emery Cloth Manufacturing Excelsior Manufacturing Explosives Manufacturing Feather Products Manufacturing Felt Manufacturing, burlap, fur, hair, or wood Felt Manufacturing, cotton Felt Products Manufacturing

Fencing (wire) Manufacturing Fertilizer Manufacturing, liquid Fertilizer Manufacturing, Processing, or Packaging Fiber Manufacturing Firearm Manufacturing Fireworks Manufacturing or Storage Fish Oil or Fishmeal Manufacturing Food Products Manufacturing Frit or Glaze Manufacturing Fiber Products Manufacturing Fur Products Manufacturing Furniture Manufacturing Garment Manufacturing Gas Manufacturing Gelatin Manufacturing Glass Fiber Manufacturing Glass Manufacturing Glass Products Manufacturing Glove Manufacturing Glucose Manufacturing Glue Manufacturing Golf Balls Manufacturing Graphite Manufacturing Grease Manufacturing or Refining Guncotton Products Manufacturing Gunpowder Manufacturing and Storage Gutta-perche, treating or manufacturing products therefrom Gypsum Manufacturing, Processing, or Grinding Hair Care Products Manufacturing Hat Manufacturing Heating Equipment Manufacturing Heating Gas Manufacturing Horn Products Manufacturing Hosiery Manufacturing Hydrochloric Acid Manufacturing Ice Cream Manufacturing Ice Manufacturing or Distributing Incinerator Manufacturing Ink Manufacturing Inner Spring Manufacturing

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Jewelry Manufacturing Juice Manufacturing Jute Products Manufacturing Lacquer Manufacturing Lampblack Manufacturing Lard Manufacturing Leather Machine Belt Manufacturing Leather Products Manufacturing Light Sheet Metal Products Manufacturing Lime Manufacturing Linoleum Manufacturing Linseed Oil Manufacturing Liquid Fertilizers Manufacturing Liquid Coating for Beverage Tanks, manufacturing of Machine Belt Manufacturing Machinery Manufacturing Mannequin Manufacturing Mat Manufacturing Match Manufacturing Match Manufacturing, safety paper Metals (precious or semi-precious), manufacturing products of Metal Stamp Manufacture Musical Instrument Manufacturing Nail Manufacturing Neon Light Manufacturing Neon Sign Manufacturing Nitric Acid Manufacturing Nitrogen Manufacturing, Compressing, and Bulk Storage Novelties Manufacturing Oil Manufacture (vegetable) Optical Goods Manufacturing Orthopedic or Surgical Supplies Manufacturing Oxygen Manufacturing, Compressing, and Bulk Storage Paint Manufacturing Paint Products Manufacturing Paper Manufacturing or Converting Paper Products Manufacturing Pectin Manufacturing Perfume Manufacturing

Perfumed Toilet Soap Manufacturing Petroleum Manufacturing Pharmaceuticals Manufacturing Phenol Manufacturing Phenol Products Manufacturing Pickle Manufacturing Pie Manufacturing Plaster of Paris Manufacturing Plastic Manufacturing Plastic Products Manufacturing Point Manufacturing Polish Manufacturing Potash Manufacturing Pottery Manufacturing Powdered Metal Parts or Articles Manufacturing Pulp or Paper Manufacturing Pyrotechnics Manufacturing Pyroxylin Manufacturing Rubber Cement Manufacturing Rubber Products Manufacturing Rubber Stamp Manufacturing Rug Manufacturing Sandpaper Manufacturing Sash Manufacturing Sauerkraut Manufacturing Sausage Manufacturing Scientific Instrument and Equipment Manufacturing Screw Machine Products Manufacturing Sheet Metal Products Manufacturing, light Shell Manufacturing Shellac Manufacturing Shoddy Manufacturing Shoe Manufacturing Shoe Polish Manufacturing Sign Manufacturing Size Manufacturing Soap Manufacturing Sodium Compounds Manufacturing Stamp Manufacturing Starch Manufacturing Statuary Manufacturing Steel Pipe Manufacturing Stencil Manufacturing Stereo Equipment Manufacturing

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Stones (Precious or Semi-Precious), manufacturing products of Stove Manufacturing Stove Polish Manufacturing Sulfuric Acid Manufacturing Sulfurous Acid Manufacturing Synthetic Rubber Products Manufacturing Tallow Manufacturing Tank Coating Manufacturing Tank Retinning and Manufacturing Tar Products Manufacturing Tar Roofing Manufacturing Tar Waterproofing Manufacturing Textile Manufacturing Textile Product Manufacturing Tire Manufacturing Tobacco Products Manufacturing Toiletries Manufacturing Tool Manufacturing Toy Manufacturing Trailer Manufacturing Transformer Manufacturing, small Turpentine Manufacturing Typewriter Ribbon Manufacturing Varnish Manufacturing Vegetable Oil Manufacturing Venetian Blind Manufacturing Ventilating Duct Manufacturing Vinegar Manufacturing Wall Board Manufacturing Washer Manufacturing Waterproofing Compound Manufacturing Window Manufacturing Window Shade Manufacturing, cloth Window Shade Manufacturing, wood or metal Wire Fencing Manufacturing Wire Manufacturing Wood Products Manufacturing Wool Products Manufacturing Woven Wire Manufacturing Yarn Products Manufacturing Yeast Manufacturing

METALS Blacksmith Shop Blast Furnace Blending and Mixing of Compounds for Case Hardening, Tempering Boiler Works Bolt or Screw Thread Rolling or Cutting Brass Foundry Bronze Casting Case Hardening Casting, heavyweight Die Casting Drop Forge Industry Fabrication of Iron or Steel Fabrication of Light Weight Steel Forge Plant Foundry (except iron, steel, brass, manganese, bronze and zinc) Foundry, iron, steel, brass, manganese, bronze and zinc Galvanizing of Metal or Metal Products Heat Treating Iron Foundry or Fabrication Plant Iron Ore Pellet Loading and Unloading Facility Iron Storage, Sorting, Collecting, or Baling Iron Works, ornamental Metal Products Inspection by X-Ray Metal Roll Forming Metal Spinning Ore Reduction Plant Quarry Roll Forming of Metals, cold process Rolling Mill Screw Thread Rolling or Cutting Sharpening or Grinding of Tools or Cutlery Smelter, tin, copper, zinc, or iron ores Steel Foundry or Fabrication Plant and Heavyweight Casting Steel Mill Tempering

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Welding, acetylene or electric OTHER Aerosol Packaging Asbestos Processing or Grinding Battery Rebuilding Blending and Mixing of Compounds for Water Softening, Boiler Cleaning Book Bindery Bottling Plant Box and Crate Assembly Box Factory or Cooperage Building Materials Sales Yard Cement Mixer Rental Central Steam (heated, or chilled water) Concrete Batching Plant Cooperage Works Cornice Works Distillation of Bones Earth or Soil Stockpiling, Distribution, or Excavating Electric Appliance Assembly Electric Foundry Electric Motor Repair Electric Power Generating Site, Plant, or Station Electrical Distributing Substation Electrical Receiving or Transforming Station Electronic Instruments and Devices Assembly Electroplating of Small Articles Electroplating Works Embalming Enameling Works Engraving Film Development / Printing Machines Film Laboratory Fumigating Plant Funeral Parlor Furniture Assembly Plant Furniture Cleaning Granite (decomposed) Excavating or Stockpiling Granite Grinding, Dressing, or Cutting Gravel Plant

Insecticide or Pesticide Blending or Mixing Lapidary Shop Liquor or Spirits Rectifying Lubricating Oil Canning and Packaging Lumber Yard, retail Machine Shop Machine Shop, precision Machinery (farm) Repairing and Overhauling Marble Grinding, Dressing, or Cutting Mattress Factory or Renovating Mausoleum Monument Works Morgue Mortuary or Mortuary School Oxygen, storage of compressed Packaging Business Paint Mixing Phonograph Assembly Photo Developing and Finishing Pipe Reclaiming Pipe Storage Yard Planing Mill Plaster Staff Works Polish Mixing, automobile or furniture Printing Establishment Printing Establishment, wholesale Printing or Stenciling Designs on Fabric, Cloth, or Wallpaper Public Utilities Service Yard Publishing Establishment Publishing Establishment, wholesale Pumping Plant Radio and Television Assembly Railroad Repair Shop Repair Garage Repair Shop Research and Development Center Containers Rock, Sand, Gravel, or Earth Distribution or Storage Roofing Material Factory Rope Factory Roundhouse

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Safe and Vault Repairing and Servicing Salt Works Salvage Business Sand Blasting Sand Pit Saw Mill Secondhand Box or Container Storage, Display, Processing, or Sales Secondhand Furniture and Appliance Storage, Display, Processing, or Sales Shellac Mixing Shingle Mill Starch (liquid) Mixing and Bottling Stereo Equipment Assembly Stone Mill or Quarry Stone Monument Works Sugar Refining Testing Laboratory Top Soil Stripping, Removing, or Stockpiling Tree Wrecking Yard Undertaking Upholstery Shop Water Softening Unit, servicing and refrigeration plant Water Works or Storage Facilities Wax Polish Blending, Mixing, and Packaging Wiping Rag Storage Wire, application of rubber to Wood Pulling or Scouring Wood Yard Woodworking Equipment Rental Shop Woodworking Shop Xeroxing OTHER TRANSPORTATION Aircraft Engine or Aircraft Part Repairing, Reconditioning, or Rebuilding Aircraft Engine Testing Aircraft Factory Aircraft Fueling Station Aircraft Hangar

Aircraft Landing Field Aircraft Repairing Airport Boat Building, small Draying Yard or Terminal Electric Railroad Yard Freight Classification Yard, railroad Freight Forwarding Station or Terminal Freighting Yard or Terminal Marine Cargo Loading or Unloading, wharf or dock Parcel Delivery Service Railroad Yard Shipbuilding Train Station Wharf or Dock for Marine Cargo PETROLEUM-RELATED USES Booster Pump Station, with in-line heater system for oil pipeline Butane Gas Filling Station Coal Distillation Coke Oven Compressed Natural Gas Automotive Refueling Station Dehydrating Plant, petroleum Distillation of Coal, Tar, or Wood Fuel Store Fuel Yard Gas Storage Gasoline Refining Gasoline Station Gasoline Tank Farm Marine Oil Service Station Marine Oil Terminal Mining of Natural Resources Natural Gas (compressed) Refueling Station Oil Drilling Equipment Yard Oil Drilling or Pumping and Production of Oil, Gas, or Hydrocarbons Oil Pipeline Booster Pump Station Oil Reclaiming Oil Refining Petroleum Dehydrating Plant

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Petroleum Product Bulk Distributing Station Petroleum Pumping Petroleum Refining Refinery, petroleum or gasoline Surface Mining Operations Tank Farm, petroleum Tar Distillation WAREHOUSE / DISTRIBUTION Agricultural Equipment Sales Yard, wholesale Appliances (secondhand) Storage, Display, Processing, or Sales Barrel or Drum (secondhand) Storage, Display, Processing, or Sale Barrel Storage, empty Bottle Washing, Collection, or Storage Boxes and Crates (secondhand) Storage, Display, Processing, or Sales Cement (bulk) Transfer Cement (bulk) Unloading and Distribution Distributing Plant Equipment Storage Yard Clay Products Storage Clay Products Storage Yard Cold Storage Plant Contractor’s Equipment Rental Yard or Plant Contractor’s Equipment Storage Yard or Plant Distribution Center, Plant, or Warehouse Egg Candling and Distribution Electric Motor Repair, wholesale Feed Storage and Sales Yard Fertilizer Sales, wholesale Furniture (secondhand) Storage, Display, Processing, or Sales Gravel Distribution Hay Barn Ice and Cold Storage Plant Ice Storage Plant Lumber Yard, wholesale

Milk Bottling or Distributing Station Open Storage Paper Collecting, Sorting, Storage, or Baling Refrigeration Plant, storage Sack Storage, Sorting, Collection, or Baling Sand Distribution Plant Storage Building Storage Building for Household Goods, including truck rentals Storage, open Warehouse WASTE DISPOSAL / MANAGEMENT Building Materials Salvage Yard Cesspool Pumping, Cleaning, and Draining Chipping and Grinding Activities Garbage Incineration, Reduction, or Dumping Garbage, Fat, Offal, or Dead Animal Reduction or Rendering Gardener’s Refuse Collection Yard or Station Hazardous Waste Facility, disposal Hazardous Waste Facility, storage and/or treatment Junk Yard Junk Collection, Sorting, Storage, or Baling Leaf Mold Storage, Composting, and Packaging Lumber Yard, used materials and salvaging Machinery Wrecking or Storage Yard Manure Storage or Processing Medical Waste Treatment Mulching Facility Offal or Dead Animal Dumping Paper Scrap or Waste Storage Storage, Sorting, Collecting, or Baling Recyclable Materials Collection, Buyback Centers, Mobile Recycling Centers

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Recycling Material Processing Facility Refuse Dump Refuse Transfer Station Rubbish Incinerator or Storage Sanitary Landfill Scrap Iron Collection, Sorting, Storage, or Baling

Scrap Metal Collection, Sorting, Storage, or Baling Scrap Metal Processing Yard Sewage Treatment Facility Sewage Disposal or Treatment Plant Solid Waste Alternative Technology Processing Facility

F. Development Regulations. Projects submitted and received by the Department of

City Planning case submittal, or Department of Building and Safety plan check

submittal after the date of CUGU adoption (XX.XX.XXXX) shall conform to all the

relevant development regulations below.

Table 1 below provides a cross reference of development regulations by applicable project context. The regulation for projects within 1,000 feet of a Freeway or specified State Route shall be found in Section 13.18 F.4.

Table 1: Development Regulations by Applicable Project Context

1. Subject Use pursuant to Section 13.18 E.2(c) of this provision.

(a) Site Planning (Applies to project types: NEW, ADDITION, MAJOR

IMPROVEMENT, CHANGE of USE)

(1) All trash receptacles shall be located within a gated, covered enclosure at

least six feet in height.

(2) Chain link, barbed wire, and concertina wire fences are prohibited at the

perimeter of the property.

(b) Lighting (Applies to project types: NEW, ADDITION, IMPROVEMENT,

CHANGE of USE)

All outdoor lighting systems shall be directed away from the window of a residential uses and shall be in accordance with the non-residential Light Pollution Reduction standards in the Green Building Code of the LAMC.

Applicability Reference Applicability Reference Applicability Reference

Site Planning 13.18 F.1(a) 13.18 F.2(a) 13.18 F.3(a)

Signage 13.18 F.2(b)

Lighting 13.18 F.1(b) 13.18 F.2(a)

Enclosure 13.18 F.1(c) 13.18 F.2(c)

Fencing 13.18 F.2(d)

Distancing Requirement 13.18 F.2(e)

Building Height 13.18. F.2(f ),13.18 F.2(g)

Yard Setback 13.18 F.2(h)

Landscaping 13.18 F.2(i) 13.18 F.3(b)

Parking Design 13.18 F.2(j) 13.18 F.3(c)

Driveway 13.18 F.2(k)

Noise 13.18 F.2(l)

Storage of Merchandise 13.18 F.2(m)

Subject UseSubject Use Adjacent to

Publicly Habitable Spaces

Publicly Habitable Spaces Adjacent

to Subject Use

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(c) Enclosure (Applies to project types: NEW, ADDITION, CHANGE of USE)

Uses that generate dust, smoke, gas, fumes, cinder, or refuse matter shall be completely enclosed and mechanically ventilated to prevent fugitive emissions unless another regulatory agency requires natural ventilation. Stacks, vents, and flares are exempt from the enclosure requirement.

2. Subject Use adjacent to Publicly Habitable Spaces

(a) All the standards in Section 13.18 F.1(a) and 13.18 F.1(b)

(b) Signage (Applies to project types: NEW, ADDITION, MAJOR

IMPROVEMENTS, CHANGE of USE)

Uses adjacent to Publicly Habitable Spaces with commercial vehicle, as defined by California Code of Regulations Title 13 Chapter 10 Section 2480 and 2485, shall post “No Idling” compliant signage onsite at the back of the curb and adjacent to the entrance of at least one driveway where there is truck loading, staging, or parking.

(c) Enclosure (Applies to project types: NEW, ADDITIONS, MAJOR

IMPROVEMENT, CHANGE of USE)

Uses that generate dust, smoke, gas, fumes, cinder, or refuse matter shall be completely enclosed with mechanical ventilation for the improved portions of their project to prevent fugitive emissions unless another regulatory agency requires natural ventilation. Stacks, vents, and flares are exempt from enclosure requirements.

(d) Fencing (Applies to project types: NEW, ADDITIONS, MAJOR

IMPROVEMENT, CHANGE of USE)

A six-foot high solid concrete or masonry wall, for the entire length of the property line, shall be constructed in C2, C4, and CM zones on any lot line which abuts a Publicly Habitable Space. The wall shall be without openings and shall have a minimum nominal thickness of 6 inches. This standard shall not be required when a Subject Use is located across a public street from a Publicly Habitable Space.

(e) Distancing Requirement (Applies to project types: NEW, CHANGE of USE)

Any new automobile dismantling yard, exhaust test station, automobile laundries (car wash), automotive repair, used auto retail sales, assembly of auto parts and accessories, tire shop, tire repair, and wholesale auto parts and accessory facilities are prohibited within 500 feet of a residential zone.

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(f) Building Height (Applies to project types: NEW)

Any new building or structure shall be within an encroachment plane sloping upward and inward at a 45 degree angle commencing 20 feet above the existing grade at the inside line of the side yard setback as illustrated below:

Encroachment plane standards shall not be required when Subject Uses are located across a public street from a Publicly Habitable Space.

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(g) Building Height (Applies to project types: ADDITIONS)

Any additions to an existing building or structure shall be within an encroachment plane sloping upward and inward at a 45 degree angle commencing above the existing roof at the inside of the side yard setback as illustrated below:

Encroachment plane standards shall not be required when Subject Uses are located across a public street.

(h) Yard Setback (Applies to project types: NEW, ADDITION)

A new building, structure, or addition shall provide the following setbacks indicated in Table 2 when abutting a Publicly Habitable Space. This regulations is not eligible for an Adjustment.

Table 2: Manufacturing Zone Setbacks

MR1 | M1 | MR2 | M2 M3

Front lot depth ≤ 100 ft: 5 ft

lot depth > 100 ft: 15 ft

5% of lot depth, 5% of lot width; no less than 15 ft if within

500 ft if a PHS

Side

lot width ≤ 30 ft: 3 ft

lot width > 30, < 50 ft: 5 ft

lot width ≥ 50: 15 ft

Rear lot depth ≤ 100 ft: 5 ft

lot depth > 100 ft: 15 ft

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(i) Landscaping (Applies to project types: NEW, ADDITION, MAJOR

IMPROVEMENT, CHANGE of USE)

(1) Setbacks. All required side and back yard setbacks abutting the parcel

line of a Publicly Habitable Space shall be landscaped to provide a buffer.

(2) Planting. A Landscape Practitioner shall select trees or shrubs that are

between six and eight feet high, low in water use, low in biogenic

emissions, high in carbon and Particulate Matter filtration qualities, and

retains foliage for most months of the year. Trees may be selected from

the Department of Public Works Bureau of Street Services, Street Tree

Selection Guide, except for non-drought tolerant trees and Palms. One

tree shall be planted and maintained every 15 linear feet. A list of

preferred trees is also provided in the CUGU application packet.

Landscape Plans shall be submitted to the Department of City Planning

for approval.

(3) Irrigation. Project applicants shall designing and install irrigation systems

pursuant to Guidelines BB- Irrigation Specification of Section 12.41 B.2 of

the LAMC.

(j) Surface Parking Lot Design (New surface parking lots for project types:

NEW, ADDITION, MAJOR IMPROVEMENT, CHANGE of USE)

(1) Layout. On-site parking and loading areas (including service bays) shall

not front a Publicly Habitable Space.

(2) Screening. Parking lots with six or more spaces that abut a public right-of-

way shall be screened at the perimeter by either landscape or hardscape.

(i) Landscaped screens shall be a combination of trees and shrubs. One

tree shall be planted and maintained every 15 linear feet in

accordance with Section 13.18 F.2(i)(2) within this Section. Shrubs

shall be planted and maintained intermittently to create a visual

screen. Illustrations of this standard are provided in the CUGU

application packet.

(ii) Hardscape screens shall be a wall, barrier, or fence of uniform

appearance that is opaque or perforated (provided no more than 50

percent of the face is open). The structure shall be between four and

six feet in height. Chain link, barbed wire, and concertina wire fences

are prohibited.

(3) Tree Planting. One tree for every 4 parking space shall be planted within

the surface parking lot. Parking spaces covered by solar car ports are

exempt.

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(i) The surface lot shall be graded to allow for ground water recharge into

a minimum 3 foot by 3 foot unpaved tree planting area. This unpaved

area shall be concave in design to receive runoff per Bureau of

Engineering specifications.

(k) Driveway (New driveway for project types: NEW, ADDITION, MAJOR

IMPROVEMENT, CHANGE of USE)

(1) New buildings shall be serviced by no more than two new driveways.

Driveways shall be separated by a minimum of 20 feet as measured from

the center of each driveway.

(2) Unless required by the Department of Transportation or Fire Department,

driveways shall not exceed the width required in Section 12.21 A.5(f) of

the LAMC.

(l) Noise (Applies to project types: NEW, ADDITION, MAJOR IMPROVEMENT,

CHANGE of USE)

(1) Noise generating uses or activities shall not exceed the presumed

ambient noise level specified by zone in Table II of Section 11.03 of the

LAMC.

(i) Applicants shall submit an acoustic evaluation report issued by a

noise consulting professional which identifies compliance options for

noise mitigation to the Department of City Planning. Applicants shall

comply with one of the stated performance-based mitigation

measures.

(ii) Baseline and other ambient noise levels shall be measured at the

property line. If the ambient sound levels at the site exceed the

allowable ambient levels, the existing site’s ambient level becomes

the new allowable and no increase in that level shall be allowed.

(2) Addition or improvement projects with noise generating uses or activities

shall submit an acoustic evaluation report which includes current and

projected noise levels at the site by a consulting professional. The report

shall include compliance options for noise mitigation measures. Noise

level shall be measured per Section 13.18 F.2(l)(1)(ii).

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(m) Storage of Merchandise and Materials (Applies to project types: NEW,

ADDITION, MAJOR IMPROVEMENT, CHANGE of USE)

(1) All open air storage of merchandise or materials shall be confined within a

storage area enclosed by a solid, non-combustible wall with self-closing

gates, except for construction equipment.

(i) All outdoor storage shall comply with the height restrictions for

materials and equipment per Section 12.19 A.4(b)(3) of the LAMC.

(2) Cover or completely enclose materials that are subject to blowing dust or

particulate matter.

(3) Barbed wire, chain linked, and concertina wire fences are prohibited at

the perimeter of the property.

3. PUBLICLY HABITABLE SPACES ADJACENT TO SUBJECT USES

(a) Site Plan (Applies to project types: NEW)

All new open space, either public or private, required or voluntary, shall not front a Freeway or a Subject Use.

(b) Landscaping (Applies to project types: NEW, ADDITION, MAJOR

IMPROVEMENT, CHANGE of USE)

(1) Except for front yards, all required yards abutting a Subject Use shall be

landscaped as follows:

(i) A Landscape Practitioner shall select trees or shrubs that is between

six and eight feet high, low in water use, low in biogenic emissions,

high in carbon and Particulate Matter filtration qualities, and retains

foliage for most months of the year. Trees may be selected from the

Department of Public Works Bureau of Street Services, Street Tree

Selection Guide, except for non-drought tolerant trees and Palms. A

list of preferred trees is also provided in the CUGU application packet.

(ii) Irrigation. Project applicants shall designing and install irrigation

systems pursuant to Guidelines BB- Irrigation Specification of Section

12.41 B.2 of the LAMC.

(c) Parking Design (New surface parking lots for project types: NEW,

ADDITIONS, MAJOR IMPROVEMENT, CHANGE of USE)

All parking lots with six or more parking stalls shall follow the provisions per Section 13.18 F.2(j).

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4. Freeway Adjacent and State Route 47

Signage (Applies to project types: NEW, ADDITIONS, MAJOR IMPROVEMENT, CHANGE of USE) Except for single family dwellings and duplexes, all projects located within 1,000 feet of a freeway shall post a sign to notify the public as described below. The sign shall be posted at a shared main entrance, a shared facility such as a porch, or the front stairs of the building. Public parks shall post signage in the bathroom. The sign must meet the following requirements:

(1) A minimum size of 8.5” x 11”

(2) Garamond bold condensed font type at 28 point font size

(3) English or English/Spanish

(4) Durable sign made from plastic or aluminum or other hard surface

(5) Fixed to a wall, door, other physical structure

“NOTICE: Air pollution studies show a strong link between the chronic

exposure of populations to vehicle exhaust and particulate matter from

major roads and freeways and elevated risk of adverse health impacts,

particularly in sensitive populations such as young children and older

adults. Areas located within 500 feet of the freeway are known to

experience the greatest concentration of ultrafine particulate matter and

other pollutants implicated in asthma and other health conditions.”

F. Issuance of Building Permits. For all Projects within a CUGU District, the

Department of Building and Safety shall not issue any permits including, but not

limited to, grading, shoring, or building unless an Administrative Clearance, CUGU

Adjustment, or CUGU Exemption has been obtained pursuant to the applicable

procedures in Subsection G.

G. Review Procedures for Projects within CUGU District

1. Application. All Projects proposed within a CUGU District shall be submitted for

approval with a CUGU Application and Checklist provided by the Department of

City Planning. Prior to deeming the application complete, the Director shall

determine and advise the applicant, if necessary, of the processes to be

followed, materials to be submitted, and fees to be paid. The granting of the

CUGU approval shall not imply, or be deemed to constitute, compliance within

any other applicable provisions of this Code.

2. Administrative Clearance- Authority of the Director. An applicant that

complies with the CUGU District regulations shall submit plans to the Director for

an Administrative Clearance pursuant to Section 12.32 S.4. Projects requesting

adjustments shall submit plans per Subsection 3 below. Projects which cannot

comply with the requirements of the CUGU District may request relief through the

procedures set forth in Subsection 4 of this Section.

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3. Adjustments-Director Authority with Appeal to the Area Planning

Commission. The Director or the Director's designee shall have initial decision-

making authority to grant a CUGU Adjustment with an appeal to the Area

Planning Commission in accordance with the procedures set forth in Section

11.5.7 C.4.-6 of this Code.

(a) Limitations. Unless otherwise limited by the CUGU District, a CUGU

Adjustment shall be limited to deviations of up to 20 percent from the

quantitative development regulations.

Each adopted CUGU District shall indicate those development regulations

which are not eligible for an Adjustment through this Section. If an

application requests more than one CUGU Adjustment, the Director may

advise the applicant, prior to the application being deemed complete, that the

request be filed and processed as a CUGU Exception, pursuant to

Subsection 4 of this section.

(b) Findings. The Director may grant an Adjustment upon making all of the

following findings:

(1) There are special circumstances applicable to the Project or project site

which make the strict application of the CUGU regulation(s) impractical;

(2) The Project, as approved, is consistent with the purpose and intent of the

CUGU District and substantially complies with the applicable CUGU

regulations;

(3) In granting the Adjustment, the Director has considered and found no

detrimental effects of the Adjustment on surrounding properties, the

public, or public rights-of-way.

All Projects seeking relief from any development regulations which are designed in the CUGU District as not eligible for Adjustment, shall be processed through the CUGU Exception procedures listed under Subsection 4 of this Section.

4. Exceptions– Area Planning Commission Authority with Appeals to the City

Council.

(a) Authority. The Area Planning Commission shall have initial decision-making

authority for granting Exceptions from the CUGU District regulations with an

appeal to the City Council in accordance with the procedures set forth in

Section 11.5.7 F.3-8 of this Code.

In granting an exception from CUGU regulations, the Area Planning

Commission shall impose conditions to remedy any resulting disparity of

privilege, to protect the public health, safety, and welfare, and to assure

compliance with the objectives of the General Plan and the purpose and

intent of the CUGU District. An Exception from a CUGU regulation shall not

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be used to grant a special privilege, nor to grant relief from self-imposed

hardships.

(b) Findings. The Area Planning Commission may permit an exception from a

CUGU regulation if it makes all the following findings:

(1) The strict application of the CUGU regulations to the subject property

would result in practical difficulties or unnecessary hardships inconsistent

with the general purpose and intent of the CUGU District and its

regulations;

(2) There are exceptional circumstances or conditions applicable to the

subject property involved or to the intended use or development of the

subject property that do not apply generally to other properties in the

CUGU District;

(3) An exception from the CUGU regulation is necessary for the preservation

and enjoyment of a substantial property right or use generally possessed

by other property within the CUGU District and in the same zone and

vicinity but which, because of special circumstances and practical

difficulties or unnecessary hardships, is denied to the property in

question;

(4) The granting of an exception will not be detrimental to the public welfare

or injurious to the property or improvements adjacent to, or in the vicinity

of, the subject property; and

(5) The granting of an exception will be consistent with the principles, intent

and goals of the CUGU District and any applicable element of the

General Plan.

H. Severability. If any provision of this Ordinance is found to be unconstitutional or

otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the

remaining provisions of this Ordinance, which can be implemented without the invalid

provisions and, to this end, the provisions of this Ordinance are declared to be

severable.

Section 11. Section 13.19 of the Los Angeles Municipal Code is hereby added to read as:

SEC. 13.19. VIOLATION.

The violation of any condition imposed by a Zoning Administrator, Director of

Planning, the Area Planning Commission, City Planning Commission or Council in

approving the site requirements, methods of operation, development plans or other

actions taken pursuant to the authority contained in this article shall constitute a violation

of this article and shall be subject to the same penalties as any other violation of this

Code.

Section 12. The City Clerk shall certify to…